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Business Support and Resources


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For Businesses

How do businesses comply with the bag fee? Stores and retail food establishments with more than 3 locations in Colorado will be required to charge customers a $0.10 fee for each single-use plastic and paper bag used at the point of sale starting on Jan. 1, 2023. Businesses will retain four cents of the fee to cover the costs of administration and compliance while six cents is remitted to the City on a quarterly basis.

The first quarterly return of 2023 will be added to your account and bag fee remittance for the first quarter will be due in June 2023. Quarterly returns will be added as a task to your account at the end of each subsequent calendar quarter.

 

What will the fee money be used for? 
Businesses keep four cents of the fee to cover their costs complying with the state law and its administration, training employees, etc.

The remaining six cents is remitted to the City of Longmont for the uses below:

  • Administrative or enforcement costs associated with developing and implementing the fee
  • Providing reusable bags to the community
  • Educating residents, businesses, and visitors about the impacts of disposable bags
  • Other waste reduction, recycling, composting, or waste diversion programs
  • Note: The single-use bag fee is a fee, not a tax and therefore all proceeds collected in accordance with this State law can only be used for the purposes listed above and cannot be used for general government expenses.

 

How is the fee monitored? 
A store must record on a customer’s receipt the number of single-use bags and the total amount of fees charged for each bag. The bag fee cannot be included as revenue for the purposes of calculating sales tax to the customer.

 

When does the single-use bag fee take effect? 

The statewide single-use bag fee takes effect on Jan. 1, 2023.

This is a tax, which violates TABOR. Isn’t this fee illegal?

The single-use bag fee is not a tax and none of the proceeds can be used for other non-related government expenses. Additionally, the fee cannot be included as revenue for the purposes of calculating sales tax to a customer.

 

What businesses must follow the plastic bag and Styrofoam(TM) ban starting on Jan. 1, 2024? 

  • All the businesses that must follow the single-use bag fee
  • Including any self-checkout and delivery services
  • Restaurants

 

The city's guidance and the State guidance conflict as to when there is a filing and payment requirement. 

Retailers are required to remit the total amount of fees collected and owed to the city (or county) since Jan. 1, 2023, and to continue remitting on a quarterly basis. Retailers can remit prior to this date if the municipality or county has a system in place to receive the funds. Some retailers prefer to remit in 2023, rather than hold on to a year's worth of fees until April 2024.

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For Consumers

What businesses must follow the single-use bag fee?

  • Grocery stores, supermarkets, convenience stores, liquor stores, and retailers that provide plastic bags and have 4 or more stores located in Colorado.
  • Any self-checkout and delivery services

 

Why doesn't the city promote recycling plastic bags?

Plastic bags cannot go in your recycling cart as they cause a lot of problems. They clog the machinery that sorts recyclables at the Recycling Center which requires the bags to get cut out by hand, a time-intensive task.

For plastic bags to be recycled, residents must take their plastic bags to appropriate disposal locations or travel to the Center for Hard-to-Recycle Materials (CHaRM) in Boulder. Even when properly disposed of, plastic bags are very difficult to recycle due to the limited aftermarkets of the material.

 

Aren’t single-use bags better for the environment than reusable bags?

No. While it’s true that more resources are used to make a reusable bag than to make a plastic or paper bag, once you use your reusable bag a certain number of times (depending on the material type) its benefits outweigh the impacts from production. The best bag you can use is a reusable bag that you use for years and years.

 

How do these laws help the environment?

Plastic bags, paper bags, and Styrofoam™ containers take a lot of energy, water, and other resources to manufacture. Additionally, plastic bags and Styrofoam™ are not recyclable in curbside containers and cause a lot of issues when sent to the recycling center.

Reducing and banning the use of these materials will reduce litter in our community, help keep our wildlife safe, and reduce the impact of plastics on our food chain.

 

What type of reusable bag is best?

The best bag is a reusable bag that you use for years and years and that you can wash. Choose a bag that is durable to avoid having to buy a replacement in the future. Consider bags made from recycled content.

 

How can I make remembering my bags a habit?

  • Write “Bring Bags” at the top of your grocery list and put your bags with your list.
  • Post a reminder note by your door.
  • Hang your bags by your door or put them back in your car or bike basket as soon as you empty and clean them.
  • Store or clip an extra bag in your purse or backpack.
  • Keep a spare bag at work.
  • Leave a few bags in your car.
  • Put your coupons in your bag.
  • If you regularly shop on a set day of the week, put a reminder in your phone or on your calendar to bring your bags.

 

I use single-use bags as garbage bags or pet waste bags. What do I do now?

While many people reuse bags, many do not, which is why the bag fee was put into place. Small trash bags are available at retailers or single-use bags can be purchased at the checkout to be used for garbage cans in your home. The bag fee does not apply to produce bags, newspaper bags, etc—so if you produce very little garbage those bags could be used for that purpose. Pet owners will still have multiple options to clean up pet waste. They can use plastic bags from newspapers, produce, or bread; paper bags; newspaper; or dog poop bags bought at the store.

Are there any exemptions to the bag fee?

  • Smaller stores with three or fewer locations in Colorado
  • Farmers and roadside markets
  • Laundry or dry-cleaning services
  • Pharmacies
  • Bulk stores
  • All restaurants

 

What is a single-use bag?

A single-use bag means a bag that is not reusable and is destined for our local landfill or recycling process. The bag fee and ban are only on single-use plastic and paper bags distributed to customers at the point of sale. This does not include reusable bags that may be provided by the store or any bag brought in by the customer to be used.

Single-use bag does not include:

  • Bags used by consumers inside stores to:
  • Package bulk items, such as fruit, vegetables, nuts, grains, candy, or small hardware items
  • Contain or wrap frozen foods, meat, or fish
  • Contain or wrap flowers, potted plants, or other items where dampness may be a problem
  • Contain unwrapped prepared foods or bakery goods
  • A non-handled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recyclable paper bag or reusable bag
  • Bags provided by pharmacists to contain prescription drugs
  • Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, pet waste, or yard waste bags

 

When does the single-use bag fee take effect?

The statewide single-use bag fee takes effect on Jan. 1, 2023.

 

How much is the bag fee?

The fee is ten cents ($0.10) per plastic or paper bag.

 

What businesses must follow the plastic bag and Styrofoam TM ban starting on January 1, 2024?

  • All the businesses that must follow the single-use bag fee
  • Including any self-checkout and delivery services
  • All restaurants

 

Must stores charge all customers the bag fee?

  • Grocery stores, supermarkets, convenience stores, liquor stores, and retailers that provide plastic bags and have 4 or more stores located in Colorado.
  • Any self-checkout and delivery services

 

Are there any exemptions to the bag fee?

Customers who receive income-qualified assistance at local, state, and federal levels do not have to pay the 10-cent fee for paper bags. Examples include Electronic Benefit Transfer (EBT) (including Supplemental Nutrition Assistance Program (SNAPE); Women, Infant and Children (WIC); Temporary Assistance to Needy Families (TANF); and Health First cardholders

 

Will I be charged if I bring my own plastic or paper bag?

No. The single-use bag fee will not apply to bags you bring to a store for reuse, including plastic and paper bags you already have and want to reuse.

 

Does the fee apply to bags used for delivery orders or self-checkout?

Yes. The bag fee must be applied to each single-use bag provided at self-checkout or delivery orders from stores required to charge a bag fee.

 

 

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